Within an hour of the accident, Carlson submitted to a DUI breath test that revealed a blood alcohol concentration (BAC) of .22%. Carlson had previously been convicted of three DUIs, one in 2001, and two in 2007.
In order for a prosecutor to get a murder conviction in a DUI death case, he/she must prove that the defendant had first-hand knowledge about the dangers of drinking and driving, yet acted with complete and reckless disregard for that fact. Prosecutors were apparently able to prove that in this case, as well as two other recent California DUI murder or “Watson” murder cases.
Carlson, as well as the other defendants recently convicted of DUI murder, face fifteen years-to-life in the California State Prison for their acts. This is one reason why it is critical to consult with an experienced California DUI defense attorney immediately upon arrest if your DUI involved an accident where someone was injured or killed.
]]>One of the largest societal risks is that the caffeine masks the feeling of intoxication. As a result, those who have consumed energy drinks mixed with alcohol feel pretty comfortable getting behind the wheel. In fact, it was reported that those who drank these mixed drinks were four times as likely to drive drunk thank those who were drinking alcohol exclusively. It therefore goes without say that in areas where these types of drinks are frequently served, DUI arrests are up.
Young adults flock to these types of drinks, as do many underage drinkers at bars, on college campuses, and at house parties throughout California. In Thousand Oaks, California, the City Council even adopted a new ordinance, requiring all retailers who sell products containing caffeine and alcohol to clearly post signs inside their establishments warning consumers about the potential dangers of mixing the drugs.
The bottom line is, as always, drink responsibly.
]]>Thursday, March 4th
The Salinas Police Department will conduct a DUI / license checkpoint sometime tonight at an undisclosed location within the city limits. Weather permitting, all vehicles will be checked.
Friday, March 5th
The Valley Division of the LAPD will operate its DUI sobriety / driver’s license checkpoint on Friday night between 8pm and 3am at the intersection of Cahuenga Blvd. and West Broadlawn Ave. in North Hollywood.
The Atwater Police Department will operate a DUI roadblock at an undisclosed location in the city Friday night.
Saturday, March 6th
The Lake Elsinore Police Department will conduct its sobriety / driver’s license checkpoint Saturday night at an undisclosed location within the city.
With respect to the above California DUI checkpoints that aren’t too descriptive, you can directly contact the police department in the late afternoon to find out more details about their operation and location.
]]>Based on these facts, it appears that Hoeltzel could have been convicted of a DUI causing injury. California Vehicle Code 23153 punishes DUI drivers who cause another person to suffer an injury. However, she was not charged with her local DUI with injury statute (which essentially reads the same as California’s), most likely because the accident wasn’t entirely her fault.
Just prior to hitting the pedestrians, Hoeltzel’s car was hit by another driver (who was also allegedly DUI). That driver immediately jumped out of his car to help the injured victims, expressed remorse, and pleaded guilty to his charges. Hoeltzel remained in her car, maintained her innocence throughout, and didn’t apologize to the victims until just prior to sentencing. It was these facts that angered the public and led to the controversy surrounding this case.
A DUI driver who causes another person to suffer an injury typically faces felony DUI charges. If convicted, such an individual faces incarceration in a state prison and substantial fines.
]]>As a Los Angeles DUI defense attorney, I immediately see two red flags: the first is that speeding is not indicative of drunk driving. And while the police seem to think it is, the National Highway Traffic Safety Administration (the nation’s leading authority on DUIs) does not.
The second problem is that Jefferson missed the last two and a half months of last season after injuring his right knee and undergoing surgery. This type of injury could easily (and innocently) explain a poor performance on any of the field sobriety tests (which should more appropriately be called field balance tests).
This is simply another example of why I always say that every DUI is worth fighting! It doesn’t matter how overwhelming the evidence appears, a good DUI defense lawyer can always find at least one legitimate issue to challenge.
]]>This is why we say that it is always worth fighting a DUI…especially if you submitted to a breath test. California DUI breath test results are often inaccurate…and, apparently, this problem isn’t limited to California.
Just because you “blow” a 0.08% or greater on a DUI breath test doesn’t mean you’re guilty of DUI. California DUI breath testing instruments are often inaccurate due to a wide variety of factors…poor maintenance, improper calibration, one’s own physiological factors, and even a shoddy police pre-observation period can produce a falsely high blood alcohol concentration (BAC).
Make no mistake about it, these instruments are not foolproof! And this recent report only helps to prove that fact.
]]>The Santa Ana Police Department will operate its DUI checkpoint from 7:30pm until1am Friday night. They will be stopping cars in the area of 1000 N. Newhope St. near Rosita Park.
The San Bernardino County Sheriff’s Victorville station will conduct a DUI / license checkpoint on Friday from 7pm until 3am at an undisclosed location in Victorville.
The Escondido Police Department will conduct its DUI sobriety / driver’s license checkpoint Friday night between 6pm and 1am at an undisclosed location in the city. Weather permitting, all vehicles will be stopped.
The Oxnard Police Department will operate a DUI roadblock between 6pm and 2am on Friday at an undisclosed location.
Police will be conducting a sobriety / driver’s license checkpoint between 6pm and 2am on Friday at an undisclosed location in the city of Highland. Weather permitting, all vehicles will be checked.
Redlands Police will operate their DUI sobriety roadblock Saturday night from 10:30 to 3:30 in the southbound lane of Alabama Street between Park and Orange Avenues.
Remember, if you are pulled over for a DUI, whether on the road or at a California DUI sobriety checkpoint, please remain polite at all times, invoke your right to remain silent, and do not submit to any field sobriety tests.
…And, above all else, be safe!
]]>A recent report from the University of California at Berkeley found that in 2009, DUI checkpoints generated approximately $40 million in revenue…money which is split between local law enforcement agencies and their local towing companies. Why the towing companies, you ask?
Because DUI checkpoints aren’t really set up to catch drunk drivers…that’s just the pretext. Rarely do cops arrest even a handful of drunk drivers as a result of these roadblocks…and for that matter, it’s not even that uncommon for the police to close shop on a checkpoint without making any DUI arrests.
Who the police are really after are drivers who are driving on suspended/expired driver’s licenses and those driving without a license. When the police stop these individuals, they immediately impound the driver’s car for 30 days, which costs the driver between $1,000-$4,000 to get it back. That money is split between the city and the towing company who tows and stores the car.
Let’s look at the trend -- last year, about 24,000 cars were seized at California DUI checkpoints, up from just fewer than 18,000 in 2008 and just fewer than 16,000 in 2007. Just know that as long as we are suffering a budget crisis, these alleged DUI checkpoints aren’t going anywhere.
]]>One of the less well-known types of DUI alternative sentencing is the SCRAM device (Secure Continuous Remote Alcohol Monitor). The SCRAM device is a tamper-resistant ankle bracelet that tests the DUI offender’s sweat for alcohol concentration. This is done at least once an hour. Attempts to tamper with the SCRAM device are electronically reported to the regional monitoring center.
Some of the more common DUI alternative sentences include: community service, community labor (such as Cal-Trans roadside work), house arrest or electronic monitoring, and attendance at AA meetings.
It never hurts to ask for DUI alternative sentencing, and it always pays to have a DUI attorney who knows the most effective ways to convince the prosecutor and judge that these alternatives best serve the interests of justice.
]]>The problem with this list is that driving patterns are not indicative of DUI…they’re just not. It’s more likely that driving patterns such as weaving, swerving, speeding, tailgating, erratic braking, and abrupt turning could be due to countless innocent explanations…explanations that have nothing to do with drunk driving.
Fatigue, distraction, other drivers…these are just a simple example of why a perfectly sober driver could engage in any of the above mentioned driving patterns. And the fact that there are far more sober people than impaired people who are involved in accidents is further evidence why driving patterns are not indicative of DUI.
]]>Take, for example, the finger count DUI field sobriety test. This “test” supposedly tells a cop whether you’re too drunk to drive. While you’re engaged in this FST, the officer is evaluating everything you’re doing…everything you’re doing wrong, that is.
He’s not taking note of the fact that you’re actually doing things right. He’s been trained only to observe the bad…this is how he gathers evidence to prove that you were driving under the influence. And forget the fact that illness, fatigue, nerves, or countless other innocent factors could cause anything other than a stellar performance.
Let’s just call these field sobriety tests what they really are – “exercises to give officers more ammunition against you”. Doesn’t roll off the tongue quite as easily as the “finger count DUI field sobriety test” but it’s certainly a lot more accurate.
]]>The “finger to nose” test is a neurological test, not an original FST. When performed in a doctor’s office, it is precisely administered and evaluated. When performed on the side of the road or in a police station, precision goes out the window.
Since it isn’t one of the National Highway Traffic Safety Administration’s “standardized” DUI field sobriety tests, there is no scientific data to support its use as a reliable FST. Officers are not only free to administer it as they wish, but are also free to evaluate a suspect’s performance as they wish.
Nerves, intimidation, and one’s personal coordination make this test…and, for that matter, pretty much all field sobriety tests…poor indicators of drug and/or alcohol impairment.
]]>Originally developed by a 19th century ear doctor, Moritz Romberg, it is a neurological test designed to test someone’s balance. Today, doctors find it particularly useful in detecting multiple sclerosis, as well as a variety of other neurological and inner-ear disorders.
Somewhere along the road, police agencies decided to expand this test to apply it to drug and/or alcohol impairment. They also added a couple of requirements to the test: the DUI suspect must tilt his/her head back and estimate time (neither of which are necessarily indicative of impairment).
Furthermore, sober people who suffer from M.S., neurological problems, poor balance, or who have been injured will certainly experience difficulty “properly” performing this test.
These are just a few of the reasons why the results of a Romberg balance DUI field sobriety test should always be challenged.
]]>Despite this fact, it is a very common FST. Many law enforcement officers continue to administer this field sobriety, claiming that it helps them detect impairment. This, however, is nonsense.
During this test, the suspect essentially plays “patty cake” with him/herself while counting aloud. If the suspect counts too fast, he/she fails. If the suspect counts beyond “one, two, one, two” he/she fails. If the suspect becomes too nervous and flips his/her hands too quickly, he/she fails.
There are too many factors that make this so-called “test” unreliable. Nerves, intimidation, one’s natural coordination, and the fact that there is no uniform standard or consensus that the hand-pat FST is even applicable to detecting intoxication renders this test an easy one to challenge.
]]>Just like the walk-and-turn FST, the one leg stand DUI field sobriety test has its fair share of problems. In fact, they are the same problems as the walk-and-turn presents: (1) the accuracy rate (or should we say “inaccuracy” rate), and (2) it is an unfair test for a large percentage of the population. Let’s address these in order.
First, if precisely administered and evaluated according to the National Highway Traffic Safety Administration’s standards (which is rarely if ever the case), the one leg stand FST only has a 65% accuracy rate at determining alcohol and/or drug impairment.This means that at best, one out of every three people is falsely arrested for DUI based on this field sobriety test.
Second, people over 50, people who are overweight, those with physical injuries, and those wearing shoes with any type of heels will be unfairly disadvantaged by this “balance” test…a fact which is typically ignored by arresting officers who are committed to meeting their DUI quotas.
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